Last month Sen. Schumer (D,NY) introduced S 1462,
the Eliminating Dangerous Oil Cars and Ensuring Community Safety Act. While
the bill is generally targeted at crude oil rail transportation, it would have
effects on most hazardous material shipments by railroad.
This bill attempts to take a comprehensive approach to rail
hazmat safety. It addresses seven specific areas:
∙ Tank car phase out;
∙ Crude oil volatility;
∙ Hazmat train speed limit;
∙ Track inspections;
∙ PTC requirements;
∙ Oil spill response plans; and
∙ Incident
reporting requirements.
Tank Car Phase Out
Section 2 of the bill would add a new §20155 to 49 CFR. It
would speed up the replacement of DOT 111 and CPC 1232 railcars over the
schedule set in the recent
HHFT final rule. The table below shows the proposed phase out schedule for
the cars that have not been upgraded to the DOT 117 standards set forth in the
HHFT rule:
|
|
PG I
|
PG II
|
PG III
|
|
Non-Jacketed DOT 111 Cars
|
01-01-17
|
01-05-17
|
01-05-20
|
|
Jacketed DOT 111 Cars
|
01-05-17
|
01-05-17
|
01-05-20
|
|
Non-Jacketed CPC 1232 Cars
|
01-05-18
|
01-05-19
|
01-05-20
|
|
Jacketed CPC 1232 Cars
|
01-05-20
|
01-05-20
|
01-05-20
|
This is one of the areas that will affect all hazmat shipments
as it prohibits the shipping of “any hazardous materials” {new §20155(a)} in the
un-refitted rail cars.
Crude Oil Volatility
Section 3 would add a new §5111 to 49 USC. It would require the Secretary of
Transportation to establish a new regulation (within 1 year) to establish a “national
maximum vola1tility standard for the transport of crude oil by rail or by barge”.
The bill does not suggest the type of measurement system to be used to set that
standard.
Hazmat Speed Limit
Section 4 of the bill would establish a maximum speed limit
of 40 mph for any train carrying at least 10 railcars containing a hazardous
material (hazmat train) where at least one of the cars was an un-upgraded DOT
111 car carrying hazardous materials. The speed limit would apply on any track
in a county with a population density of greater than 20 people per square
mile.
The same speed limit would apply to hazmat trains two years
after this bill is enacted where the train contains an unjacketed CPC 1232
railcar containing a hazardous material.
Track Inspections
Section 5 of the bill would require railroads to conduct
additional track inspections on mainlines. This would include 2 additional
inspections for internal defects and 4 track geometry inspections.
PTC Requirements
Section 6 would amend the 49
USC 20157 PTC implementation requirements by adding any rail line “over
which tank cars carrying crude oil or ethanol travel” {new §20157(i)} to the list of
rail lines for which PTC installation is required.
The bill would also remove the 49
USC 20150 DOT reporting requirement that was fulfilled in 1995.
Oil Spill Response
Plans
Section 7 of the bill would add a new §20904 to 49 USC that
adds requirements for oil spill response plans. It reinforces the existing
requirement for rail carriers to have a comprehensive oil spill plan in accordance
with 49
CFR Part 130. It would require the Secretary to revise §130.2
“to require comprehensive response plans to effectively provide for the
carrier’s ability to respond to worst-case discharges resulting from accidents
involving unit trains or blocks of tank cars transporting oil and petroleum
products" {new §20904((b)}.
Incident Reporting
Requirements
Section 8 would amend 49
USC 20901 by adding two new paragraphs detailing requirements for
establishing a close call reporting program and the prompt reporting of
derailments.
The bill would require each railroad to “establish a system
through which employees may anonymously report circumstances or incidents that endanger
the safety of railroad operations” {new §20901(c)}.
No details are provided about what such a system would entail.
It would also establish derailment reporting requirements
for high hazard flammable trains (not the current HHFT) that consist of 10 or
more railcars loaded with flammable liquids. It would require an immediate
report to the FRA and the local county emergency management contact. It would
then require a detailed report within 90 minutes to the FRA.
The immediate report would include:
∙ Detailed train information;
∙ Waybill information; and
∙ MSDS for each hazardous material on the train.
The subsequent report would include:
∙ Product testing data for flammable liquid characterization;
∙ Analysis results for pre-shipment samples from each derailed tank
car;
∙ Name of flammable liquids involved in derailment and “the name and
location of the company extracting the material” {new §20901(d)(3)(C)};
∙ The company that conducted initial testing and analysis;
∙ The company that transported the material “from the well head to
the loading facility or terminal” {new §20901(d)(3)(E)};
∙ The loading terminal operator;
∙ The railroads that handled the loaded railcar; and
∙ The timeline of changes between railroads.
Moving Forward
While Schumer and his five co-sponsors are all senior influential
Democrats, none of them are on the Senate Commerce, Science and Transportation
Committee, so it is highly unlikely that that Committee will take up this bill.
This is especially true since there would be vigorous opposition by the Class I
railroads and most hazmat rail shippers.
Posts
